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BORJAS v. STATE

No. 96-4094.

703 So.2d 1250 (1998)

Luis C. BORJAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 14, 1998.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and David McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm as to the first two points raised on appeal. Appellant's third point contends that the trial court instructed the jury on a crime, of which he was convicted, different from that charged in the information. Moore v. State, 496 So.2d 255 (Fla. 5th DCA 1986). The state, however, has moved to dismiss appellant's third point, as it represents the second amended information, charging the correct crime...

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